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Trademark & Copyright: What is copyright? Copyright is a form of protection grounded in the U.S. Constitution and granted by law for original works of authorship fixed in a tangible medium of expression. Copyright covers both published and unpublished works. [from the US Copyright website] |
|
Trademark
as it pertains to the term Shiloh Shepherds: The USTPO (United States Trademark & Patent Office) Ruling shows that a determination was made in a court of law in January 1998, that there are no trademark rights to the name Shiloh Shepherd. USTPO Ruling United States Trademark & Patent Office » http://www.uspto.gov |
|
| Date: | January 2, 1998 |
| Serial Number: | 75/039009 |
| Applicant: | Tina M. Barber |
| Mark: | Shiloh Shepherds |
| Ruling: | In response for Request for Reconsideration: |
| Summary: as quoted from pg1 of this ruling |
Refusals to Register the Mark Made Final Registration was refused under Trademark Act Section 2(e)(1), 15 U.S.C. Section 1052(e)(1), because the subject matter for which registration is sought is merely descriptive of the identified good. Furthermore, the applicant has not shown adequate evidence to support a claim of acquired distinctiveness under Section 2(f). The examining attorney has considered the applicant's arguments carefully but has found them unpersuasive. For the reasons below, the refusals to register the mark under Section 2(e)(1) and under Section 2(f) are maintained and FINAL." |
| »entire USPTO Ruling [1136 kb PDF] | |
| Current Status: | Results from The United States Patent & Trademark
Office to see whether or not "Shiloh Shepherd" has a valid
current trademark applied to it, can be seen by doing the following
search:
a. from the http://www.uspto.gov homepage,
[select Trademarks], Search You will then see at least 2 results: |
Copyright
as it pertains to the Shiloh Shepherd Breed Standard: The Original Shiloh Shepherd Breed Standard is a compilation of semi-original work and a large part of the German Shepherd Breed Standard. However, this fact does not rule out the copyrights of the author, nor does the fact that all members that worked on this standard are not listed. Copyright is understood and does not have to be formally filed to be valid and to quote from the US Copyright Office - "As a general rule, for works created after January 1, 1978, copyright protection lasts for the life of the author plus an additional 70 years." |
|
| Date: | May 2, 2005 |
| Serial Number: | TXu1-247-815 |
| Applicant: | Tina M Barber |
| Document Title: | "Shiloh Shepherd Breed Standard" also titled "International Shiloh Shepherd Registry Breed Standard" |
| Current Status: | Copy of side 1 (of 2) of approved document can be found on the ISSR website {http://www.shilohshepherds.info/Breedstandard.htm}. |